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DRP - £150 unpaid parking charge notice that I knew nothing about!!

I have read the newbies thread, etc but I wondered if the same applies if the first letter you receive is from DRP?


The creditor is Smart Parking Ltd but I haven't received any correspondence from them. I believe it is because I was in between properties this year until recently. I do not know why the charge was issued but the debt recovery agent is demanding £150. I have telephoned the debt company (didn't give any details) and they said I can't appeal because I didn't do so within 28 days.


The parking charge date is 21/09/2018 and the date of the DRP notice date is 20/11/2018 but they have said they have been trying to locate me.


Do I send the standard newbies precedent to Smart Parking Ltd via their appeal system or do I request the original notice?


Also will I be deemed to be at fault with my V5C not being up to date at the date of the parking charge date?


Thank you in advance.
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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    ALWAYS ignore DRP. NEVER EVER EVER call ANYONE, especially not a debt collector

    V5C is irrleevant.
    SMART dont do court
    So
    you could send the normal appeal, stating this is the first you knew of this matter. They will reject, but thats irrelevant
    You then ignore anyting bar a letter before court or a county court claim form.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 27 November 2018 at 1:55PM
    I have read the newbies thread, etc but I wondered if the same applies if the first letter you receive is from DRP?

    The first and last letter from the DRP bunch of cronies must be ignored

    Pointless, powerless buyers of cheap bog paper destined for the sewers where they belong

    Debt Collectors (DRP & ZZPS) What they don't want you to know

    https://forums.moneysavingexpert.com/discussion/comment/74439905#Comment_74439905

    £150 ???? They are trying to extort money from you

    In the thread above read this ...

    "We offer a ‘no collection, no fee service"

    See how you ARE being scammed by DRP
  • G4444
    G4444 Posts: 6 Forumite
    Thank you.


    So I've now logged on to Smart Parking Ltd to appeal and entered the details but do I copy and paste the standard reply at this stage or at the POPLA stage?


    Thank you.
  • G4444 wrote: »
    Thank you.


    So I've now logged on to Smart Parking Ltd to appeal and entered the details but do I copy and paste the standard reply at this stage or at the POPLA stage?


    Thank you.


    Keep reading the newbies section, the answer/s are usually there, also find threads relating to 'Smart' parking and again answers are usually there on what to do.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Given you have to appeal to SMART before you can appeal to POPLA - not that yoU CAN appeal to POPLA, Smart will not give you a code - you use the reply to the PPC.
  • G4444
    G4444 Posts: 6 Forumite
    Could you please tell me if this is ok on their appeal link:


    PCN number: ********
    Parking charge date - 21/09/2018
    Received 26/11/18
    I have received no correspondence from you. The first and only letter I have received is from DRP, which gives no information.
    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
    There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
    - If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
    - If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
    - in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
    Formal note:
    Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.
  • G4444
    G4444 Posts: 6 Forumite
    Could you please tell me if this is ok on their appeal link:


    PCN number: ********
    Parking charge date - 21/09/2018
    Received 26/11/18
    I have received no correspondence from you. The first and only letter I have received is from DRP, which gives no information.
    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
    There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
    - If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
    - If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
    - in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
    Formal note:
    Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Now wait a cotton picking minute.

    We have lots of threads like this, search the forum for Steve Clark Smart Dossier and copy what everyone else did.

    Smart have form for this and Mr Clark needs to know they are still doing it. Usually he gets Smart to cancel it. Lord alone knows when the BPA will actually do something, and sanction (BAN) firms for this unacceptable scam conduct.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • When you say wait a minute, do you mean, I'm not at the stage to send that wording?


    I have read everything but as a full time working, single mum and stressed up to my eyeballs, I would just like someone to simply answer, do I send the standard format at this stage or at the POPLA stage because the threads seem to say different things.


    Thank you.
  • An additional concern, I have now seen the photographs of the car reg and they show parking for 1 hour 50 minutes. I'm not sure if the free stay is for 1 hour or 1.5 hours. Therefore, if it is clear that there was an overstay, can you still fight it?


    The most frustrating part is, the driver spent £235 in B&M. The parking was in no shape or form, being abused. The driver was a genuine customer.
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